The National Elections Commission of Liberia (NEC-Liberia) has been formally notified by the House of Representatives of a vacant legislative seat in the 55th National Legislature. This vacancy arose following the election of Representative Samuel G. Kogar, who previously held the seat for Electoral District 5 in Nimba County, to a different position. The official communication from the House, dated May 26, 2025, and signed by Chief Clerk Mildred N. Sayon, urges the NEC Chairperson, Davidetta Browne Lansanah, to initiate the necessary procedures for filling the vacancy, citing Article 37 of the 1986 Liberian Constitution as her legal mandate.
Article 37 outlines the constitutional process for handling legislative vacancies. It stipulates that the presiding officer of the legislative body must inform the Elections Commission within 30 days of the occurrence of a vacancy, regardless of the cause – death, resignation, expulsion, or other reasons. Upon receiving such notification, the Elections Commission is obligated to conduct a by-election within 90 days to fill the vacant seat. However, the article includes a crucial caveat: if the vacancy arises within 90 days of a scheduled general election, the by-election is postponed, and the seat remains vacant until the general election, at which point it will be contested alongside other positions. This provision aims to avoid the logistical and financial burdens of holding separate elections in close temporal proximity.
This constitutional framework underscores the importance of maintaining a fully constituted legislature, ensuring continuous representation for all districts. Prompt action by the NEC is therefore essential to uphold the democratic principles of representation and ensure that the constituents of Electoral District 5 in Nimba County are not disenfranchised for an extended period. The timing of Representative Kogar’s election to a new position, relative to any upcoming general elections, will be a determining factor in the NEC’s course of action. If the general elections are more than 90 days away, the NEC will be obliged to organize a by-election. Conversely, if the general elections are imminent, the vacancy will be addressed during the general electoral process.
The by-election process, if initiated, will involve several stages, including candidate nominations, campaigning, voter registration updates (if necessary), logistical arrangements for polling stations, voter education campaigns, and finally, the election itself. The NEC will play a crucial role in managing all aspects of the by-election, ensuring a free, fair, and transparent process. This includes ensuring equal access for all qualified candidates, providing adequate security at polling stations, and implementing mechanisms for addressing any electoral disputes or irregularities.
The successful candidate in the by-election, or the general election if applicable, will serve the remainder of Representative Kogar’s original term for Electoral District 5. This individual will then have the opportunity to seek re-election in the subsequent general elections. The transition process, from the notification of vacancy to the swearing-in of the new representative, requires close coordination between the House of Representatives, the NEC, and other relevant stakeholders.
The NEC’s adherence to the constitutional timeline stipulated in Article 37 is paramount for safeguarding the integrity of the electoral process and maintaining public trust in the democratic institutions of Liberia. The efficient execution of a by-election, if required, or the seamless integration of the vacant seat into the upcoming general election, demonstrates the NEC’s commitment to fulfilling its constitutional mandate and ensuring effective representation for all Liberian citizens. The timely filling of legislative vacancies is crucial for maintaining a functional legislature capable of effectively addressing the needs and concerns of the population it represents.
